Peru

Basic information Substance of the ruling  Accessibility of the case and further relevant links
Date Name of the case (or case number)   The body delivering the decision  Keywords, topic Executive part Brief summary Full text Page at the website of the issuing court Page in other databases Unofficial materials, press communications 
January 23. 2023. Decision no. 00985-2022-PHC/TC Constitutional Tribunal of Peru Rights of prisoners; criminal law; statute of limitations The Constitutional Tribunal of Peru held that the statute of limitations of crimes should not be modified by emergency decrees or by administrative resolutions based on the emergency decrees. A man was sentenced in Peru for tax fraud in 2021, the crime was committed in 2000. He submitted a habeas corpus action to the Constitutional Tribunal because according to Peruvian Criminal Code, a criminal sanction should be imposed within three years of committing a crime, and in this case, this deadline was overstepped by 18 years. The authorities referred to the suspension of statutes of limitations during the public health emergency and also after an earthquake took place in 2007. The Constitutional Tribunal held that despite these suspensions, the late conviction infringed the due process rights of the claimant, including the right to effective remedy, the right to detailed judicial motivation and the right to an inpartial judicial proceeding. Moreover, statutes of limitations of crimes should not be extended by emergency decrees or by judicial resolutions, therefore, the conviction was annulled as unconstitutional.       https://www.covid19litigation.org/news/2023/01/peru-broad-extension-procedural-time-limits-under-emergency-rules-cannot-apply-statute
October 21. 2021. No. 915/2021. Constitutional Tribunal of Peru Freedom of expression       https://cdn.gacetajuridica.com.pe/laley/STC%20EXPEDIENTE%20N%C2%BA01625-2020-PHC-TC_LALEY.pdf https://www.covid19litigation.org/case-index/peru-constitutional-tribunal-no-9152021-2021-10-21  
February 4. 2021. No. 151/2021. Constitutional Tribunal of Peru Right to property The Constitutional Tribunal of Peru held that a law enacted by the Congress allowing the withdrawal of individual payments from pension funds disregarded the public nature of these resources, therefore, this law was unconstitutional.   https://tc.gob.pe/jurisprudencia/2021/00016-2020-AI.pdf   https://www.covid19litigation.org/case-index/peru-constitutional-tribunal-no-1512021-2021-02-04  
December 15. 2020. No. 00011-2020-PI/TC. Constitutional Tribunal of Peru Separation of powers The Constitutional Tribunal of Peru nullified a law adopted by the Congress allocating additional fund for public health workers since in Peru only the executive power has the authority to initiate budget laws. The Congress of Peru enacted a law providing additional financial resources to public health workers during the Covid-19 pandemic. The executive power contested the validity of this decree on the ground that in Peru only the executive power could initiate the enactment of budget laws, therefore, the procedural requirements of adopting such a statute have not been met. The Constitutional Tribunal agreed with the claimant and abrogated the law as unconstitutional due to its inconformity with the separation of powers and the competence of the executive to manage public finances. https://tc.gob.pe/jurisprudencia/2020/00011-2020-AI.pdf   https://www.covid19litigation.org/case-index/peru-constitutional-court-no-00011-2020-pitc-2020-12-15  
June 18. 2020. No. 01134-2020-PHC/TC Constitutional Tribunal of Peru Rights of prisoners The Constitutional Tribunal of Peru rejected the habeas corpus action of a prisoner requesting his transfer to a hospital from the prison during the Covid-19 pandemic. The claimant was imprisoned and he communicated in the prison with persons infected with Covid-19. He also felt the symptoms of that illness, however, his test was negative. The claimant then submitted a habeas corpus action to the ordinary courts requesting his transfer to a hospital, where he could receive proper medical treatment against the illness. The first two instances of ordinary courts rejected the claim and this was also followed by the Constitutional Tribunal which argued, that the requested treatment has been already provided in the prison, while the infection of the claimant was not justified, therefore, his detention was not amounted to a disproportionate restriction on his fundamental rights. As a consequence, the habeas corpus action was rejected. https://tc.gob.pe/jurisprudencia/2020/01134-2020-HC%201.pdf   https://www.covid19litigation.org/case-index/peru-constitutional-court-no-01134-2020-phctc-2020-06-18  
May 26. 2020. No. 232/2020. Constitutional Tribunal of Peru Rights of prisoners The Constitutional Tribunal of Peru considered that the overcrowded prison system and the lack of proper medical treatment resulted in an unconstitutional state of affair especially during the public health emergency, therefore, several authorities were ordered to take structural measures to solve these issues. The claimant was subject to a long-term inprisonment and he contested his prison conditions by a habeas corpus action. He challenged the lack of proper medical treatment in the prison and also the lack of separate bed for each prisoners forced him to sleep on the ground regularly. The ordinary courts rejected his petition, so he turned to the Constitutional Tribunal. The Constitutional Tribunal declared that the lack of proper medical treatment and the overcrowded prison system led to an unconstitutional state of affair, therefore, several authorities were ordered to take appropriate measures to remedy this situation within a five-year-long term. Regarding the individual claim, the Tribunal acknowledged that the claimant received the medical treatment what he sought, however, the implementation of his sentence was unreasonable and too restrictive, so the prison authorities were ordered to review his detention conditions. https://tc.gob.pe/jurisprudencia/2020/05436-2014-HC%201.pdf   https://www.covid19litigation.org/case-index/peru-constitutional-court-2322020-2020-05-26